SEPL/NK JANG SINGH Vs. UOI

JUDGEMENT

(1.) THE present intra -court Appeal has been filed by the appellant impugning the order dated September 29, 2000 passed by a learned Single Judge of this Court dismissing W.P.(C) No.3511/1994 filed by the appellant. In the writ petition the appellant had challenged the verdict of guilt returned by the General Court Martial and sentencing appellant to undergo imprisonment for life, holding appellant guilty of having murdered Hav.Gurdev Singh on September 13, 1989 at around 17:15 hours.

(2.) BRIEFLY encapsulated, the facts leading to the filing of appeal are that the appellant was enrolled in the Indian Army and was attached as a Sepoy with the 832 Sikh LI Regiment on April 30, 1983. Rising through the ranks, the appellant was promoted to the rank of Lance Naik and in the year 1989 was serving at Khasa Post with the 15th Sikh LI Regiment.

(3.) ON September 10, 1989, an altercation took place between the appellant and Havildar Gurdev Singh because Havildar Gurdev Singh had used the underwear of the appellant for cleaning his weapon. The quarrel escalated and a few army personnel had to separate the two. The next day, on September 11, 1989, a full unit of the regiment, including the appellant was detained for patrolling the border from Khasa to Khanu, and return the next day.